A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2012 Highest 2412] On November 16, 2011, the Defendant made a false statement to the victim D at the office of Songpa-gu Seoul Company C, Songpa-gu, Seoul, stating that “The Eunpyeong-gu E and Fgas Construction Work is to be subcontracted. Upon completion of construction, the Defendant would pay in cash the construction cost of KRW 14.3 million after the 65th day of the following month as of the end of the next month.”

However, in February of the same year, the Defendant suffered a loss of personnel expenses equivalent to approximately KRW 300 million in relation to G Corporation, and around November 201, the Defendant had no intent or ability to pay the price even if the victim completed the construction, such as that the amount of KRW 500,000 per month is transferred from the corporate passbook to the interest amount due to a loan amounting to approximately KRW 1.8 billion in amount.

Ultimately, the Defendant, by deceiving the victim as such, had the victim complete the said gas construction work by December 26, 201, and acquired pecuniary profits equivalent to KRW 14.3 million of the construction cost.

[2012 Highest 2416] On March 26, 2012, the Defendant made a false statement to the victim I to the effect that “If construction materials are supplied on credit at the office of the Songpa-gu Seoul Company C&C, the Defendant would make a cash settlement for 65 days as of the end of the 65-day period.”

However, in light of the fact that the Defendant, while carrying out G Corporation around February 2011, was unable to pay the material cost in time due to the excessive expenditure of personnel expenses incurred by the reduction of the construction period, from around October 2011, the Defendant got pressure on financial pressure from around October 201. From around December 2011, the Defendant issued electronic bills because it was impossible to pay the material cost to the material company at the construction site because it was unable to pay the material cost in cash, and the provisional attachment was issued at the construction site on January 31, 2012, and the sum of the bills scheduled to pay the material cost, etc. at the maturity of May 31, 2012, reached KRW 280,000,000,000, which was due to the issuance of the electronic bills. From around January 2011, the Defendant instructed to pay the personal debt, which was personally borrowed, even after the maturity of payment.